The case pertained to the taxability of royalty receipts in ...

Software payments not taxable as royalty in India if no PE.

Case Laws     Income Tax

July 18, 2024

The case pertained to the taxability of royalty receipts in India for payments received by the assessee for the supply of software. The assessee's stance was that the amount constituted business income and was not taxable in India due to the absence of a Permanent Establishment (PE). The court held that the approach of the Assessing Officer was contrary to the correct legal position established by the Tribunal and endorsed by the Supreme Court. It ruled that remittances made by the assessee to foreign parties for purchasing computer software would not be liable to tax in India as "royalty" u/s 9(1)(vi), thereby deciding in favor of the assessee.

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